Robert E. Tolhurst

The successful respondent on an appeal from the Small Claims Court sought partial indemnity costs of $15,961.25.

The appellant argued the costs were disproportionate to the $9,129.02 at issue in the appeal.

The court considered the Rule 57 factors, noting that while the monetary amount was small, the legal issues regarding priority between a perfected security interest under the PPSA and an unregistered non-possessory lien under the RSLA were complex and important to the appellant.

The court fixed costs at $9,500 plus HST.

Daimler appealed a decision granting priority to 417 Truck Centre's unregistered non-possessory lien and storage lien over Daimler's registered security interest in a truck.

The Divisional Court dismissed the appeal, finding that Daimler was not a third party who acquired an interest after the non-possessory lien arose, and had prior notice of the lien before paying funds into court.

The court also upheld the storage lien, finding an implied understanding that storage would be charged and that the daily rate was reasonable.